SMT. USHA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) BY way of this petition, a prayer has been made to quash and set aside the order dated 28.07.2007 passed by learned Sessions Judge, Haridwar in Criminal Revision no. 436 of 2006 Ashok Kumar and others Vs. State. It has also been prayed to quash the order dated 07.09.2007 passed by learned Chief Judicial Magistrate in Misc. Application No. 194 of 2006 moved by Smt. Usha (petitioner) under section 156(3) Cr.P.C. It has further been prayed that lower court be directed to pass appropriate order on the abovementioned Misc. Application.

(2.) IT is pertinent to mention that learned counsel on behalf of applicant has been given hearing by this Court while none turns up on behalf of respondents no. 2 to 7 despite sufficient service upon them.

(3.) CHIEF Judicial Magistrate while exercising his power under Section 156(3) Cr.P.C. issued direction to the concerned police station on 14.11.2006 for registration and investigation of the matter. That order was challenged in Revision No. 436 of 2006 and the learned Sessions Judge vide judgment and order dated 28.07.2007 has held that sale deed was duly executed, hence, assertion of Smt. Usha (petitioner) regarding spuriousness of the deed is to be assessed in evidence. So prima facie, he was of the view that the matter is of civil nature. Although, at the same time he was of the view that criminal and civil prosecution can run simultaneously but in the instant controversy he did not find any propriety to get the criminal case registered at the police station and accordingly, the matter was remanded back to Chief Judicial Magistrate for reconsideration. As per his observation, learned Chief Judicial Magistrate passed impugned order dated 07.09.2007, holding that prima facie, there is no doubt regarding genuineness of the sale deed, accordingly, he rejected the application moved by Smt. Usha. Against these orders, this petition has been filed.